The Salvation Army and Chesterfield Services, Inc. v. Veronica Banks ( 2014 )


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  •                                              COURT OF APPEALS OF VIRGINIA
    Present: Judges Kelsey, Beales and Senior Judge Clements
    UNPUBLISHED
    THE SALVATION ARMY AND
    CHESTERFIELD SERVICES, INC.
    MEMORANDUM OPINION*
    v.     Record No. 0897-14-2                                           PER CURIAM
    SEPTEMBER 16, 2014
    VERONICA BANKS
    FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
    (Rachel A. Riordan; Elizabeth N. Kazmerowski; Kalbaugh, Pfund &
    Messersmith, on brief), for appellants.
    (Robert E. Walsh; Rutter Mills, LLP, on brief), for appellee.
    The Salvation Army and Chesterfield Services Inc. (collectively employer) appeal the
    decision of the Workers’ Compensation Commission (commission) finding that a YMCA
    membership, as recommended by the treating physician of Veronica Banks (claimant), was
    reasonable, necessary, and causally related to her compensable shoulder injury. Employer
    argues it presented credible evidence from an independent physician that claimant could
    rehabilitate her shoulder at home and the commission should have assigned a greater weight to
    the less expensive home rehabilitation option.
    We have reviewed the record and the commission’s opinion and find that this appeal is
    without merit. Accordingly, we affirm for the reasons stated by the commission in its final
    opinion. See Banks v. The Salvation Army, JCN VA00000533303 (May 2, 2014). We dispense
    with oral argument and summarily affirm because the facts and legal contentions are adequately
    *
    Pursuant to Code § 17.1-413, this opinion is not designated for publication.
    presented in the materials before the Court and argument would not aid the decisional process.
    See Code § 17.1-403; Rule 5A:27.
    Affirmed.
    -2-
    

Document Info

Docket Number: 0897142

Filed Date: 9/16/2014

Precedential Status: Non-Precedential

Modified Date: 4/17/2021